§ 1230-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Authority" means the corporation created by section twelve hundred\nthirty-c of this title.\n 2. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n 3. "City" means the city of Niagara Falls, Niagara county.\n 4. "Civil service commission" means the civil service commission of\nthe city of Niagara Falls.\n 5. "Comptroller" means the comptroller of the state of New York.\n 6. "Construction" or "constructed" means the acquisition, erection,\nbuilding, alteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of the water facilities and\ntheir associated transmission and distribution systems; of the\nwastewater facilities and their associated interceptor and collection\nsystems, including treatment facilities and pumping stations; and of the\nstorm water facilities including catch basins, sewers, drainage pipes,\ntreatment facilities and all appurtenances to such water, wastewater,\nand storm water facilities; the inspection and supervision thereof; and\nthe environmental, engineering, architectural, legal, fiscal, and\neconomic investigations, services and studies, surveys, designs, plans,\nworking drawings, specifications, procedures and other actions\npreliminary or incidental thereto and claims arising therefrom.\n 7. "Cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real, personal and mixed,\nimproved and unimproved, the cost of demolishing, removing or relocating\nany buildings or structures on lands so acquired, including the cost of\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of all system facilities, machinery, apparatus\nand equipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of any environmental, engineering and\narchitectural investigations, surveys, plans and specifications, the\ncost of consultant and legal services, the cost of any guarantee or bond\ninsurance or any other credit support devices and the cost of other\nexpenses necessary, reasonably related or incidental to the construction\nof any such project and the financing of the construction thereof,\nincluding the amount authorized in the resolution of the authority\nproviding for the issuance of bonds to be paid into any reserve or other\nspecial fund from the proceeds of such bonds, and the financing of the\nplacing of any project in operation, including the reimbursement to the\ncity, any municipality, state agency, the state, the United States\ngovernment, or any other person for expenditures that would be costs of\nany project hereunder had they been made directly by the authority or\nthe water board.\n 8. "Council" means the duly elected council of the city of Niagara\nFalls.\n 9. "County" means the county of Niagara, state of New York.\n 10. "County legislature" means the county legislature of the county of\nNiagara.\n 11. "Executive director" means the executive director or chief\nexecutive officer of the water board, or any other person duly appointed\nor delegated to perform such duties by the governing body of the water\nboard.\n 12. "Facilities" means any of the properties of the authority or the\nwater board or any other real property, personal or mixed property\ncontrolled, leased, or operated by the authority or the water board\nwhich is used or intended to be used in the system or in furtherance of\ntheir respective corporate purposes.\n 13. "Governing body" means the members of the authority or the water\nboard, as the case may be, constituting and acting as the governing body\nof the authority or the water board, as the case may be.\n 14. "Mayor" means the mayor of the city of Niagara Falls.\n 15. "Municipality" means any county, city, town, village, water\ndistrict, fire district, fire protection district, school district,\nsewer district, special or improvement district, commission, board or\ndepartment of the governmental body indicated, any other such\ninstrumentality, including any agency, or public corporation of the\nstate, or any of the foregoing or any combination thereof.\n 16. "Person" means any natural person, firm, trustee, executor,\npersonal representative, partnership, association, limited partnership,\nlimited liability company, limited liability partnership, joint venture\nor corporation, or other legal entity whatsoever, exclusive of a public\ncorporation as defined pursuant to article two-A of the general\nconstruction law. The masculine gender shall include the feminine, the\nsingular shall include the plural where indicated by the context.\n 17. "Project" means any system-related facility or properties,\nincluding the acquisition, planning, development, financing or\nconstruction thereof.\n 18. "Properties" means any part of the system or facility of the water\nboard, whether situated within or without the territorial limits of the\ncity or the water board's service area, including the plants, works,\nstructures, instrumentalities or part thereof and appurtenances thereto,\nreal property, or any other property incidental or appurtenant to and\nincluded in such facility or facilities or part thereof, and any\nimprovements, extensions and betterments.\n 19. "Real property" means lands, structures, franchises, rights and\ninterests in land, air space, waters, land underwater, riparian rights\nand air rights and any and all things and rights included within said\nterm and includes not only fee simple absolute, but also any and all\nlesser interests including, but not limited to, easements,\nrights-of-way, uses, leases, licenses and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms for years and liens thereon by way of judgments,\nmortgages or otherwise.\n 20. "Revenues" means all rates, fees, charges, payments and other\nincome and receipts derived from the operation of the system and the\nfacilities and properties of the water board including, without limiting\nthe generality of the foregoing, investment proceeds and proceeds of\ninsurance, condemnation, and sale or other disposition of assets,\ntogether with all federal, state or municipal aid.\n 21. "Service area" means the area comprising the entirety of the city\non the date on which this title becomes effective. Upon mutual agreement\nwith any municipality the service area may be expanded to include such\nmunicipality or any portion or part thereof.\n 22. "State" means the state of New York.\n 23. "State agency" means any state office, public benefit corporation,\npublic authority, department, board, commission, bureau or division, or\nother agency or instrumentality of the state.\n 24. "Storm water facility" means any plants, structures and other\nproperty, real, personal or mixed, acquired, rehabilitated, constructed\nor planned for the purpose of collecting, conveying, accumulating,\nstoring, transmitting, draining, discharging or treating storm water,\nincluding, but not limited to, odor control facilities, force mains,\nconduits, pipelines, interceptors, mains, pumping stations, flow meters,\nsampling stations, pumps, treatment plants and works, outfalls, contract\nrights, easements, franchises, approaches, connections, permits, meters,\nrights of flowage or diversion and other plants, structures, equipment,\nvehicles, conveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\ncollection, conveyance, accumulation, storage, drainage, discharge,\ntransmission, or treatment of storm water.\n 25. "System" means the entirety of all water, wastewater, and storm\nwater facilities or properties as described herein.\n 26. "User" means any person or effluent source that directly or\nindirectly contributes, causes or permits the contribution of waste into\nor through the wastewater or storm water facilities, or any person who\nreceives or uses water from the water facilities described in this\ntitle.\n 27. "Waste" means any liquid, solid or gaseous substance, or\ncombination thereof, that may be introduced into the wastewater or storm\nwater facilities.\n 28. "Wastewater facility" means any plants, structures and other\nproperty, real, personal or mixed, acquired, rehabilitated, constructed\nor planned for the purpose of collecting, conveying, accumulating,\nstoring, transmitting, or treating wastewater, including, but not\nlimited to, odor control facilities, force mains, conduits, pipelines,\ninterceptors, mains, pumping stations, flow meters, sampling stations,\npumps, piping systems, treatment plants and works, outfalls, contract\nrights, easements, franchises, approaches, connections, permits, meters,\nrights of flowage or diversion and other plants, structures, equipment,\nvehicles, conveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\ncollection, conveyance, accumulation, storage, transport, treatment,\ndisposal or reuse of wastewater.\n 29. "Water board" means the corporation created by special act of the\nstate legislature as provided in section twelve hundred thirty-e of this\ntitle.\n 30. "Water facility" or "water facilities" means any plants,\nstructures and other property, real, personal or mixed, acquired,\nrehabilitated, constructed or planned for the purpose of accumulating,\nstoring, supplying, transmitting, treating or distributing water,\nincluding, but not limited to, surface or groundwater reservoirs,\nbasins, dams, canals, aqueducts, aqueduct taps, standpipes, conduits,\npipelines, interceptors, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, contract rights, franchises,\napproaches, connections, permits, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, vehicles,\nconveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\naccumulation, supply, transmission, storage, treatment or distribution\nof water.\n